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(영문) 서울북부지방법원 2020.11.13 2020고합223
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. From around 17:00 on July 14, 2019 to around 21:00, the Defendant performed a game by drinking alcohol with four persons, such as the victim D (the age of 15) in the Defendant’s residence in Dobong-gu Seoul Metropolitan Government B apartment C, and then left with the victim at the ward. However, even though the victim refused to do so, the Defendant’s refusal to do so led to the victim’s left chest, and continued to put his/her hand in the victim’s clothes, and became the left chest by placing his/her hand in the victim’s clothes.

As a result, the defendant committed an indecent act against the victim who is a child or juvenile.

2. From around 17:00 on July 14, 2019 to around 21:00, the Defendant, in violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, was placed at the small room of the above Defendant’s residence, she was placed in the victim’s side where the victim was bread and was locked by drinking by drinking, and she was frightd, she was placed in the part of the victim’s sexual part.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the state of mental disorder of the victim who is a child or juvenile.

Summary of Evidence

1. Defendant's legal statement;

1. Stenographic records of each police statement of E, F and G;

1. Report on investigation (change of suspect time to commit the crime);

1. Each appraisal request report, each legal chemical appraisal report, and gene appraisal report;

1. Application of the Acts and subordinate statutes to the upper part of the victim's name, the cell phone text messages, and the photographic of the cell phone text messages;

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act, Article 7 (4) and (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 299 of the Criminal Act, Article 7 (3) of the same Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 7 (4) and (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Of concurrent crimes, punishment provided for in the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act shall be heavier;

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